“Effective Legal Punishments Needed to Prevent Sexual Violence”

Interview
Border News Agency
Mrauk-U, May 10.

In areas controlled by the Arakan Army, there have been incidents of forced crimes and killings, including cases of child sexual abuse.

Some of these crimes were reportedly committed by members of the AA, while others involved civilians.

The Arakan Army is currently administering governance and judicial processes in the areas under its control, acting as the revolutionary government of Arakan.

Therefore, the people of Arakan say it is necessary to ensure safety, security, and the rule of law in these territories.

A female lawyer has recently spoken out about incidents of child rape, sexual violence, and murder occurring in areas controlled by the Arakan Army.

“According to the law, sexual assault cases should be dealt with effectively by imposing appropriate punishments. Right now, the law clearly defines the prison terms for such crimes. If there is strong evidence against a perpetrator, serious action should be taken. Sometimes, these crimes are assessed based on human rights standards, and a 20-year prison sentence may be given. A 20-year sentence can help reform a person’s behavior and character. The law aims to deter future crimes by setting clear penalties. However, there are still cases where perpetrators of child sexual abuse and other forms of assault are released freely. When that happens, we need to question whether the offender has truly undergone psychological change. In Myanmar, we still lack rehabilitation or psychological treatment programs for offenders. Releasing someone back into society without any form of psychological care raises serious concerns about whether they are mentally ready to reintegrate.”

“When addressing sexual violence, there are often calls to provide protection based on human rights. But within the framework of human rights, there are also the rights of children and women. Perpetrators of child sexual abuse and rape are, in fact, violating and disregarding these rights. To reduce such crimes, it’s essential for everyone to have legal awareness. Those with violent tendencies need to be educated on legal perspectives. Social media can be used effectively to share legal knowledge and awareness. Substance abuse—such as drugs and alcohol—is also a contributing factor to violent behavior. Therefore, widespread and inclusive sexual education programs are also urgently needed.”

“Rape is an absolutely unacceptable and horrifying crime. Sometimes, it results from uncontrollable impulses, but in many cases, it is premeditated. Violent offenders often act with deliberate intent. Especially when such crimes are committed against children, there is no justification or tolerance. To prevent child sexual abuse from happening again, perpetrators should be given the death penalty. On the other hand, there are human rights perspectives that argue against capital punishment. But if we evaluate this through the lens of human rights, we must also ask: did these offenders ever respect the rights of others? They committed such crimes precisely because they ignored human rights. That’s why, to ensure such heinous acts do not recur, the death penalty is appropriate.”

“From a legal standpoint, giving the death penalty to offenders could actually lead to an increase in rape-murders. When a rape occurs, the perpetrator might go as far as killing the victim to cover up the crime. We need to take that possibility into serious consideration. In order to prevent such cases, there must be a change in people’s psychological mindset. Sexual violence is already strictly prohibited under the law, and it’s important that everyone is aware of this legal knowledge. In my opinion, the death penalty is not an effective legal measure for prevention. Human nature tends to be drawn toward doing things that are forbidden, so simply imposing the death penalty won’t be effective. Under the current law, the maximum sentence of 20 years is already quite sufficient.

However, I personally cannot accept the fact that some offenders are released after just 3 or 4 years with pardons or early releases. While serving time, there is also a lack of psychological rehabilitation, which is why proper systems for mental and behavioral reform should be in place. These aspects must be considered seriously. As for the death penalty, I believe it could actually lead to an increase in murder cases.”

“When addressing rape cases under the law, it is critically important to handle them effectively. It is also essential to rehabilitate and transform the mindset of the perpetrators. At the same time, survivors should be welcomed with warmth and support, rather than being blamed or isolated by their community. Public education should also begin at a young age, teaching people to respect and value women.”

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